Dismissed

Om Saran v. Sri Sukhlal Bharti, D.M. and Another

Allahabad HC29 Jul 2021CAPL/1050/2021

Case brief

AI extract

What is this about?

Contempt application for disobedience of a Writ Court order concerning service benefits. The respondent was transferred. The application was dismissed after directing service of notices on the newly transferred officer and compliance with the earlier order.

What did the court decide?

Petitioner directed to serve orders on the newly transferred District Magistrate within ten days; new officer directed to comply with the Writ Court order within six weeks.

Om Saran Vs Sri Sukhlal Bharti, D.M. and Another — Contempt of Court | Allahabad HC (2021)

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Court No. - 4

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1050 of 2021

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Applicant :- Om Saran Opposite Party :- Sri Sukhlal Bharti, D.M. And Another Counsel for Applicant :- Amit Goel,Amardeep Jyoti Prakash Mishra,Rajeev Nayan Singh

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Hon'ble Prakash Padia,J.

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The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 27.08.2020 passed in Writ A No.27382 of 2018. The operative portion of the order is reproduced hereibelow :-

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"Counsel for the petitioner has argued that in terms of the decision of this Court in Writ-A No. 44549 of 2015 (Dr. Mayank Shekhar Upadhyay vs. State of U.P. and Others), it is now well settled that the services of the petitioner as an ad hoc have to be counted for the purposes of calculation of benefits. The petitioner claims that despite there being a clear verdict on the question of law, the petitioner has not been granted benefit of the ad hoc services rendered by him and in this regard he claims to have filed a representation dated 22.9.2018 before the District Magistrate, Etah, which has not been decided till date.

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Considering the fact that no decision has been taken on the representation of the petitioner, the present petition is disposed off with liberty to the petitioner to file a fresh representation before the District Magistrate, Etah along with a copy of the judgment passed by this Court in Writ-A No. 44549 of 2015 and a copy of this order downloaded from the official website of Allahabad High Court, which shall be treated as certified copy of this order within a period of three weeks from today and the District Magistrate is directed to decide the same expeditiously, preferably within a period of four months from the date of filing of representation."

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Today when the matter is taken up, it is informed by learned counsel for the applicant that the opposite party has been transferred.

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In view of the same, present contempt petition is disposed of permitting the petitioner to serve copy of the order passed by the Writ Court as well as order passed by this Court today in the present contempt petition upon newly joined District Magistrate

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within ten days from today. If such exercise is done, aforesaid opposite party is directed to comply with the order passed by the Writ Court within a period of six weeks.

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Order Date :- 29.7.2021 Pramod Tripathi

Om Saran v. Sri Sukhlal Bharti, D.M. and Another

Case brief

What is this about?

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Om Saran v. Sri Sukhlal Bharti, D.M. and Another

Case brief

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What did the court decide?

What the court decided

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